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Exceptional Hardship: Examples and Arguments

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In the UK, if you accumulate more than 12 penalty points within three years, you will be disqualified from driving for six months - or two years if you have already been disqualified in the past.

It may be possible to persuade the courts not to disqualify you from driving if you are able to demonstrate that disqualification would cause ‘exceptional hardship’. As you might expect, claiming for exceptional hardship can be extremely challenging and will usually require the support of a specialist driving offence solicitor to be successful.

We discuss exceptional hardship in the following article, including the potential examples that can be used and what the application process involves.

While we hope this information is useful, please note that it should not be taken as legal advice. If you need detailed advice about your situation and your eligibility to make an exceptional hardship application, please get in touch and our team can advise you.

What is exceptional hardship?

Exceptional hardship is a legal argument which can be used in response to a driving disqualification for accruing too many penalty points. While the details of an exceptional hardship argument can vary, arguments go beyond highlighting the immediate difficulties that anyone is likely to experience as a result of a driving ban.

If you are successful in making an exceptional hardship argument, your driving license will still be endorsed with the penalty points, but you will not be disqualified from driving.

Examples of exceptional hardship driving ban applications

Potential examples of exceptional hardship arguments that could be used include:

  • If you suffer from serious health concerns that will be exacerbated
  • If you are a carer for someone with a serious health concern
  • If you will lose your career
  • Potential homelessness if you’re forced to stop working
  • The distance you must travel daily would be extremely difficult or impossible without a vehicle, taking into account your circumstances

The defendant has the burden of establishing these mitigating circumstances, and usually, evidence will need to be provided.

How to apply for exceptional hardship

Applications for exceptional hardship are made in response to receiving a ‘totting up’ ban (more than 12 points in a three-year period). A formal court hearing will be set at the Magistrates’ Court, which you will be invited to attend.

Typically, applications for exceptional hardship are made through representations to the Court, which are then supported by written evidence.

During an exceptional hardship hearing, the prosecution will cross-examine your application and assess whether the arguments made hold weight and whether any other arrangements could be made. The Magistrates or District Judge may also ask various questions to determine whether exceptional hardship will apply in your case.

Exceptional hardship applications are scrutinised incredibly carefully by the courts, which means that they will only be upheld if there is compelling evidence to 

Can I apply for exceptional hardship on my own?

Technically, yes, it is possible to apply for exceptional hardship and attend a hearing on your own. However, given the complexity of these cases and the strict approach that the prosecution takes, it is strongly advised that you work with a specialist motoring offence solicitor. This is something our team will be able to support you with.

What should you do if you are facing a totting-up ban?

If you have surpassed 12 penalty points and are facing a driving ban, you may be able to make a claim for exceptional hardship. Whether or not this is possible will depend on your circumstances and what evidence you are able to present, highlighting the importance of instructing a specialist driving offence solicitor.

At JD Spicer Zeb, our dedicated motoring offence solicitors have over 45 years of experience supporting clients who have exceeded 12 penalty points, helping them put forward successful exceptional hardship applications. Our experience and knowledge of driving offences means that we are well placed to support you if you are concerned about a potential ban.

We can guide you through the entire process of disputing a driving ban and submitting an exceptional hardship application, offering straightforward advice and an honest assessment of your options.

We are highly skilled at handling and presenting the various types of evidence typically relied on in exceptional hardship cases. This ensures that we can build a comprehensive defence case that will withstand the prosecution's scrutiny during a trial.

Our dedicated motoring offence lawyers are ready and available to act in your defence around the clock, including on weekends and bank holidays.

Related offences

We also provide support and guidance on various other matters that are related to exceptional hardship, including:

Related cases

Fees and funding

We are always clear and upfront when it comes to legal fees.

If you are required to attend court, you may be eligible for Legal Aid Whether you can access Legal Aid will depend on whether the grant of public funding is justified on a means and interest of justice basis. You will not be granted legal aid for routine motoring matters.

Where you do not qualify for Legal Aid, the alternative will be to fund the case on a private basis.       

We offer initial meetings from £500 plus VAT plus court attendance at exceptional hardship hearings from £1,000 plus VAT.

To find out more about the way we handle fees (both Legal Aid and private fees) please use the links provided below:

Contact our criminal defence lawyers today

If you have received a totting up ban and require any urgent specialist advice or immediate representation regarding exceptional hardship applications, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone at:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 legal representation

For immediate representation and advice, you can contact our Emergency Number: 07836 577 556.